Mantor for Assessor/Recorder/Clerk of San Diego County
Editor’s note: I don’t actually know Mantor so I cannot endorse him personally — but I DO endorse the idea of people running for office on actual issues instead of buzz words and media bullets.
Mantor is aiming straight for his issue by running for the Recorder’s Position. I think his aim is right and he seems to get the nub of some very important issues in the piece I received from him. I’d be interested in feedback on this campaign and if it is favorable, I might give a little juice to his campaign on the blog and my radio show.
His concern is my concern: that within a few years, we will all discover that most of us have defective title, even if we didn’t know there was a loan subject to claims of securitization in our title chain. This is not a phenomenon that affects one transaction at a time. It affects every transaction that took place after the last valid loan closing on every property. It doesn’t matter if it was subject to judicial or non-judicial sale because real property is not to be settled by damages but rather by actual title.
Many investors are buying up property believing they have eliminated the risk of loss by purchasing property either at or after the auction sale of the property. They might not be correct in that assumption. It depends upon the depth and breadth of the fraud. Right now, it seems very deep and very wide.
Here is one quote from Mantor that got my attention:
Despite the fact that everyone knows, despite the fact that they signed consent decrees promising not to steal homes, they go right on doing it.
Where is law enforcement, the Attorneys General, the regulators? They all know but they only prosecute the least significant offenders.
Foreclosures spiked 57% in California last month. How many of those were illegal? Most, if not all.
An audit of San Francisco County revealed one or more irregularities in 99% of the subject loans. In 84% of the loans, there appear to be one or more clear violations of law.
Fortune examined the foreclosures filed in two New York counties (Westchester and the Bronx) between 2006 and 2010. There were130 cases where the Bank of New York was foreclosing on behalf of a Countrywide mortgage-backed security. In 104 of those cases, the loan was originally made by Countrywide; the other 26 were made by other banks and sold to Countrywide for securitization.
None of the 104 Countrywide loans were endorsed by Countrywide – they included only the original borrower’s signature. Two-thirds of the loans made by other banks also lacked bank endorsements. The other third were endorsed either directly on the note or on an allonge, or a rider, accompanying the note.
Filed under: AMGAR, CORRUPTION, escrow agent, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS TRUSTEE, MODIFICATION, Mortgage, Motions, Neil Garfield Show, originator, Pleading, politics, securities fraud, Servicer, Title, TRUST BENEFICIARIES, trustee | Tagged: CALIFORNIA, corruption of title, DEED OF TRUST, foreclosure, foreclosure auction rigging, George W. Mantor, investors, Mortgage, note, POLITICS, Wall Street Corruption |
Maybe, E, but the last thing MOST of us need is someone berating us and abusing us…this is difficult enough! You are kind…I cannot always summon that!
I don’t think Christine is pissed at us, as much as she’s pissed at herself for the path she took in her foreclosure action. While she spends a great deal of time telling LL folks how they should live re: the IRS and Karen Hudes and such, she, from what I’ve gathered, took a bogus route in dealing with the bank.
Signing a mod with a pretend lender must make one feel like the priest in the end of The Exorcist, when he suddenly realizes that he has, in fact, summonsed the devil…..forging a pact. Signing a reaffirmation with these crooked banksters, especially when things are turning against their evil ways, would keep me awake at night for sure. Not to mention that wads of cash I’m sure that she forked over to her attorney. Woulda’ coulda’ shoulda’. Poor thing.
E.Tolle, great post. I downloaded the article. It always seems that the noisy, nasty, insulting, threatening, sociopaths always make themselves a general nuisance. It would be great if they could be zapped by their keyboard. Make no bones about it, Christine enjoys destroying others. It is her M.O.
E you forgot this part:
But study author Buckels actually isn’t sure that fix is a realistic one.
“Because the behaviors are intrinsically motivating for sadists, comment moderators will likely have a difficult time curbing trolling with punishments (e.g., banning users),” she said by email. “Ultimately, the allure of trolling may be too strong for sadists, who presumably have limited opportunities to express their sadistic interests in a socially-desirable manner.”
E your insight is invaluable.
As the “blood” is spurting from every orifice, not seeping, people are dying in increments, physically, financially and emotionally. The LAST thing we need is criticism from sub-standards citizens. Just saying
Christine, since every time you come onto LL you have zero to say about current case law or any other foreclosure related comments, instead preferring to relentlessly bash the commenter’s here who are simply trying to piece together the crime scene, I’d say that you definitely fall into the category of troll discussed in Slate’s recently write up of a study:
“The research, conducted by Erin Buckels of the University of Manitoba and two colleagues, sought to directly investigate whether people who engage in trolling are characterized by personality traits that fall in the so-called Dark Tetrad: Machiavellianism (willingness to manipulate and deceive others), narcissism (egotism and self-obsession), psychopathy (the lack of remorse and empathy), and sadism (pleasure in the suffering of others).
It is hard to overplay the results: The study found correlations, sometimes quite significant, between these traits and trolling behavior.”
Flame on.
Rocks are insufficient, E
Beware …..
The special warranty deed is not nearly as protective of the buyer as is the general warranty deed. The grantor of a special warranty deed conveys the property with two warranties:
•The grantor warrants that they have received title.
•the grantor warrants, unless noted specifically in the deed, that the property was not encumbered during their period of ownership.
The grantor of the special warranty deed, in effect, only warrants the title against their own actions or omissions. They warrant nothing prior to their taking title.
The bidding on the 10 pools with a total UPB of $2.2 billion was conducted on March 20 2013. The broker price opinion for the 10 pools was $1.6 billion. Seven of the pools came from Bank of America’s servicing shop.
Bayview Asset Management, Coral Gables, Fla., won four of the B of A loan pools. RBS Financial Products, Stamford, Conn., successfully bid two B of A pools, including the largest pool with 2,354 loans and a UPB of $426.3 million. OWS I Acquisitions won the seventh B of A pool.
Matawin Ventures Trust Series won the smallest pool with 382 loans from JPMorgan Chase with a UPB of $48.5 million.
And 25 Capital Residential Mortgage Opportunities Master Fund LLC won a Flagstar and a mixed-servicer pool.
Last September, FHA conducted a similar sale of 5,300 defaulted, uninsured loans and the winning bidders paid $368.3 million for loans. That represented 39% of the unpaid principal balance of the loans.
FHA did not disclose the total sales price for the March sale—only the percentage of UPB and BPO bid for each pool.
FHA is conducting quarterly sales to dispose of seriously delinquent loans where the servicer has exhausted all loss mitigation options.
Under the terms of the sale, the successful bidders cannot foreclose for six months. This restriction is intended to give borrowers one last chance for a loan modification.
That is Great News Christine! Congrats!
Title Abstract ….. Documents/Sales
Dec 11, 2013
Grantor: KONDAUR CAPITAL CORPORATION TTEE MATAWIN VENTURES TRUST
Grantee: CASS PROPERTIES LLC $75,000
****Special Warranty Deed ****
May 23, 2013
Grantor: GILL, CAMELLIA R
Grantee: KONDAUR CAPITAL CORPORATION TTEE MATAWIN VENTURES TRUST
****Warranty Deed
Feb 25, 2013
Grantor : GUESS, ROBERT E
Grantee: KONDAUR CAPITAL CORPORATION TTEE MATAWIN VENTURES TRUST $116,000
****Warranty Deed
Aug 11, 2006
Grantor: GUESS, ROBERT E
Grantee: GUESS, ROBERT E
****Warranty Deed
May 1, 2006
Grantor: OLDHAM, DAVID W
Grantee: GUESS, ROBERT E $110,500
History
Feb 1, 1996 $70,000 History
KC,
If you did your research, you’d know that one of them is closed through joint petition of both parties to that effect, granted by the judge. “Reality is simply too much for mentally and emotionally weak people who are capable of holding on to their delusions in the face of all evidence to the contrary.” (Paul Craig Roberts)
This site is truly an amazing display of utter insanity and complete imbalance, coumpounded by self-absorption and self-centeredness, the likes of which exist only in this country…
Amen Poppy!
Good Evening Christine, … how are your two cases coming along? Going on 5yrs now?
Speaking of MS, since when did you start keeping tabs on him? How is he doing?
You know the idea one would pull the wings off flies…more like butter files…innocuous, attractive, yet ponder a direction, only to get sustenance….pull the wings off, because you can, they are slower and weaker.
I get it, but I liken the behavior of one to the guy sitting at the bar and a pretty gal comes in and states: look at all these losers…the guy responds, well yeah maam, then just what are you doing here?
The delirium one has to suffer to think abuse of others vulnerability is appropriate because I am better, smarter and have no patience with it, is shallow at the very least. In the very best context: frightening to think these types are actually allowed to procreate…
tnharry, on February 25, 2014 at 5:57 pm said:
KC = carie??
Nope. Just the same brand of infectious, delirious insanity. Must be something in the water. Or the Monsanto food. Chemtrails, maybe? Could be TV too. Jeez, so many factors to consider! Thank Gawd for FDA!
Actually, they’re right where government wants them to be. I’d call that a complete success story… funded with your tax money and theirs too!
Here is the kicker though: peddlers stopped posting. This is big. All-in-caps Nancy Drewe bailed out a while back (after being quoted and applauded over and over by LL). Master Servicer/Maher Soliman has shied away too and Gawd knows he’s never walked away from a potential sucker!
This has to be really telling!
Would you folks on LL anywhere near Alabama please start throwing rocks or M. cocktails across the border in an attempt at getting those clowns there to ditch this asshole of a so-called representative, ASAP? From 2010:
“In Washington, the view is that the banks are to be regulated, and my view is that Washington and the regulators are there to serve the banks,” Bachus said.
Rep. Spencer Bachus (R-Ala.)
This is exactly why we’re all here today, attempting to save our homes and what little coin we have left. This guy needs to be shown the door. Or worse. He needs to be shunned, after being shown the door. Unemployment, after beings stripped of his assets would be a perfectly fitting response to this jerk. I’d get a special schadenfreude shiver down my spine to see this guy eating from a can by a creek, just before entering a leaky tent for a dreadful night’s sleep.
tnharry, contrary to popular belief, I really don’t have a problem with you. Seriously. The only issue I have with you and Gene and anyone else that tows the bankster barge is the constant explanations of how borrowers have no standing, recourse, claim, or what have you, when it’s beyond any shadow of doubt after all these years that the criminality involved in the foreclosure arena is so big as to dwarf anything that’s come before it, save since Eve divided the orchard into time shares screwing Adam out of his half.
And KC, Livinglies/KC.wordpress is available. Why don’t you jump on that? No, really. You could clog up an entire board all by yourself. Oh wait, you’re doing that here already. Never mind.
Hey Rick, how is that Partnership working out for you?
Are you still having conflict of interest issues with your partners and your clients?
Just wanted you to know … I am strong enough to forgive, but not forget. Never Again!
Check this one out Neil …
Dare I say the names of the lawyers making up this Capital Corp and Ventures Trust ?
~~~~~~~~~~~~~~~~~~~
KONDAUR CAPTIAL CORPORATION, AS SEPARATE
TRUSTEE OF MATAWIN VENTURES TRUST SERIES
Plaintiff,
Desperation I tell You … Desperation and Stupidity!
I can personally guarantee that George is exactly who and what he says he is! We need more people like him to put forth the effort to STOP THE FRAUD!
Me ..Slander? Excuse’ Me. But that’s my Claim! Find your Own!
Every time I had my ducks lined up in a row and before I got a chance to shoot them down … they would change positions in line. So I had to nail their lil peckers down to keep them in line.
Girl .. I say… Girl, get knots out of your britches! You walk funny!
Wrong Answer Louise .. that was my business associate Charlotte, not me. Sorry!
Guess What? She won her case to .. 4rs ago.
Ahh, I see were are sinking into slander and name-calling. KC, you were asked to leave before, and we can see what we can do about it again. As I said before, Grow up!
~ The validity of title for subsequent purchasers is
dependent on those that precede it.
~ Real property is not to be settled by damages but rather by actual title.
Study of ‘dirty deeds’ in San Diego County, CA – http://aequitasaudit.com/images/aequitas_sf_report.pdf
Look just as BOA is saying they got more problem with the securities, Suntrust is put out a statement that they too are under the Government probe for securities.
It not the being of these securities that cause the problem but the claiming of illegal insurances from FHA & VA. But it the later action by these lenders that make the losses for the government a reality.
These loan are performing by design completely until the foreclosure occurs and the submission of the claims. Like any insurance policies you cannot have it lapse and then expect to collect.
These agreement with the government deflects the responsibility by the entity accepting loans, that are not meeting standard of underwriting and documents falsified. However every month a payment is received from the servicers but the properties are foreclosed and insurance claim amount is accepted but now we come back and say that a decade ago the loans were not meeting standards?
Was the bad underwriting or illegal underwriting or falsified documents introduced at the court or to Ginnie Mae to receive the claim? It was the production of forgeries the made the crime complete and its the criminally prosecutable action.
Now what part of the beginning or end the the homeowners have in this process at all? Did the homeowners first supply false documents, underwrite the loans, create forgeries or submit False Claims?
E-Tollee .. Try some vitamin D supplements.
Your memory is shorter than your pecker.
what, no directive to pull wings off flies?!?
KC says, “Sorry! I don’t give legal advice.”
Well, there’s something to be thankful for.
Besides KC and shadowcat, weren’t you also Kathleen Charlotte who also posted here on LL? Possibly before you realized how stupid it is to use your real name on an internet forum on which you constantly post about the intricacies of your case and how evil TPTB are? I believe that was also you, and if my memory serves, she also had the childish habit of saying things like “Teeeheeeheeehehehehe”, and using emotive effects such as *Giggles and Grins* …..
One last thing KC….contrary to your belief, I’m pretty sure that everyone here has access to stopforeclosurefraud.com. There’s no reason whatsoever to repost everything on that site over to LL. It clutters the board, much like the state of your mind.
I thought Citi accusing me of forging my bank records (checking) on Bank Letterhead was bad …. but I must say … accusing someone of claiming to be an FBI agent and stealing their b-day card?
Imaginations are quite creative when their grasses are under the fire.
US BANK was found liable for ACTUAL fraud on Feb 7, and the jury awarded $5 million in punitive damages, because their actions were heinous and malicious.
Timothy Racicot is is possession of the forged and altered deeds, along with other federal documents that were used in this fraud. These include federally required RESPA documents, multiple altered deeds of trust and more.
I reported this to the FBI in 2011, and they shoved me under the rug. I reported these forgeries and fraud to every state and federal agency I could find. No one would help. Instead, it took me almost 7 years to prove the fraud, – which I did.
The fraud was egregious and deliberate, -it was planned, and the guy who forged the deeds with the bank? – American Land Title Company where many of the documents were copied, and changed? – He had ME arrested claiming I told him I was an FBI agent and stole his birthday card.
ENOUGH IS ENOUGH. The federal government now has PROOF of the fraud, and they want to throw me in prison, because they would rather believe a thief and a forger than me, the victim.
PROSECUTE THE CRIMINALS NOT THE VICTIMS
https://www.change.org/petitions/timothy-j-racicot-assistant-u-s-attorney-prosecute-the-criminals-not-the-victims-2
Take 2
But imagine the sale/lease back language being found in the instrument at the purchase loan closing.
http://stopforeclosurefraud.com/wp-content/uploads/2014/02/CORNERSTONE-TITLE-ESCROW-INC.-v.-EVANSTON-INSURANCE-COMPANY.pdf
In other matters …….. 4% Capital Requirements for R.E. … ?
JG and TNT ( sorry you are :/)
True re county recorder BUT
When they know about this chit and I’ve written to their risk manager. Line of communication stops and in AZ they have done absolutely NADA.
In all the paperwork the plaintiffs present to court, in black and white, the assignments of mortgages clearly are dated where BANK B GIVES TO BANK C…..BEFORE BANK A GIVES TO BANK B !!!!…….told the judge , didn’t care….told the clerks , they cared , but Said nothing we can do !!!!
Now 3 months after foreclosure. I notice in paper work a lost affidavit of note along with an allonge….the same allonge in 2 sets of foreclosure papers but each are stamped and signed by two different people endorsed in blank, after the bank was closed…..
http://stopforeclosurefraud.com/2014/02/25/cornerstone-title-escrow-inc-v-evanston-insurance-company-court-of-appeals-4th-circuit-2014-professional-liability-policy-may-cover-foreclosure-fraud/
Neidermeyer, I like it. The reg of deeds here is loaded with fraudulent, forged out of date dox.
@ ALL ,
Regarding the county recorder and what they are required and allowed to do ……
In my experience each county clerks office formulates their own rules and procedures .. and those rules and procedures are updated frequently … they control their own office. I see absolutely nothing that would stop a clerk/recorder from implementing a simple checklist for dates , parties , conflicts with prior docs and such and when recording a doc that is found to be bad … lets say a CWHL assignment in 2013 ,, 5 years after CW died… they get out their big red stamp and that stamp has maybe 5 general areas of concern … the clerk stamps the doc ,, puts a checkmark and their initials next to “defunct company” and records the doc with that notation…
As to the argument that their backlog would mushroom and the office would be buried in backlog… THE EXACT OPPOSITE WOULD BE TRUE … THE LYING SOB’S AT THE FRAUDCLOSURE OUTFITS WOULD NOT SEND FRAUD DOCS IN FOR RECORDING.
One last thing before I prepare and enjoy a nice quiet dinner with my husband.
All the contracts have to much variation to bring a successful class action lawsuit. State Laws vary and you should consult with an Attorney in jurisdiction your property is situated.
Its a private right of action ..
Many Blessings to All
The State shall not do a lot of things … people should do their own homework. I told people years back to follow the other lawsuits and settlements. But Nooo , you only cared about yourself and didn’t give a hoot what the investors and taxpayers losses were.
No Tn … NOOOO!!! LOL!
KC aka Shadowcat aka KC aka Guest aka KC still!
I tried to help Stripes .. she didn’t listen, she got all stupid on me. Wanted my info and such …. like Aman is doing to tnharry.
What do you think we are stupid? Wouldn’t that put our Families in Harms Way?
The difference between me and stripes (and were and are KC yrs before Shadowcat on this site)
Back to my point … They didn’t take me to court. I didn’t have to fight another fraudclosure.
Can you say the same?
If I recall .. you said you were at yr 7 in litigation ?
KC = carie??
Hey, it looks like we are starting to get another Stripes who may just be another form of troll. KC has a certain stream of consciousness style that is reminiscent of……
What is it about this site that invites the trolls?
You cant Modify It!
Modify What? Fraud?
Once it goes in Irrevocably it can not come back out until the Strike Date.
You don’t have the Investors permission? hahahahahah ahahahaha
Modifying what? Teeeheeeheeehehehehe
You can keep her there 30yrs if need be … you mean if the strike date does not strike her first?
* Giggles and Grins*
Many Blessings to All
[…] Garfield writes today about George Mantor’s intention to run for San Diego County […]
My debtor defaulted .. ? Shall I seek a Judgment?
Maybe not if he had 12inches to barter with …
Tnharry ..
the State Shall Not Interfere with a Private Contract between private parties.
And again .. There is NO Servicing on Private Placement Securities!
🙂
The Estate collects the rents … and any proceeds of the rents go somewhere.
But this Estate is not collecting any rents here.
The Estate (creditor) loans the cash to the Borrower in the form on an Installment Sale Contract …
Just Sayin …
CW used the funds from the LOC (that BOA embezzled from pensions) and gave them to the broker funding co’s with inhouse title co’s.
They used the money to fund your Estate (Trust).
Then they turned around after stealing the title to the estate and depositing it in the depositors account.
Then pulled out a reverse mortgage on your estate …..
More Later …
Charles,
Gotta part ways on the bank holding notes, portfolio loans are few and far between and the bank by law, only needs to hold 10%…
E-Tolle had you hired an Attorney … Never Mind!
If your looking for someone to write your complaint for you .. you are in the wrong place.
Sorry! I don’t give legal advice.
What did we have to grant MERS? Legal title for the land?
To do what? Our land trustee duties? And those are?
11 out of the last 13 posts KC. Has it ever crossed your filled to the max mind that most people don’t really care about every little thought bubble that enters your brain? Have you ever experienced a moment of silence? It must be extremely painful to have so much crap flowing through one’s head, all the while believing that it’s of interest to a forum.
Gheez…
They used 1st American Title Ins as insurer … and they used the Nationwide Title Clearing companys to clean up their mess.
Settlements!
And for you Illinois Residents .. that includes Downstate Title and Downstate Mortgage Co.
I also suspect you will find them in LLC and LLP with the closing law firm and collection company to.
Draper and Kramer owns all of them. The Biggie Broker Lawyers
LOC was for the benefit of CW, and provided by BOA.
Now lets talk about the !st Advantage Mortgage named as lender and 1st Advantage Capital Funding on the Warranty Deed (left unfiled).
such Warranty Deed purports that 1st Advantage Capital Funding as the Grantor to Hubby and Me.
I suspect you would find this Capital Asset Funding Co a MERScorp Funding member.
Just an Example ….
Correct… and the party who receives and approves the funding request is the party whom sends the closing instructions and ultimately has their sub servicer servicing the loan.
What if that Creditor already settled with the parties (or still in suit)
They party they embezzled money from?
kc@3 pm – don’t know about that, but I can say this: The broker has to complete and transmit a funding request to the guy who’s providing him a warehouse line (the CW, say). If I can round up such a form used, I’ll post it somewhere and link it. it’s prob actually called a
“Funding Request”. (this is about your comment and related to my last comment at the last post). Whether or not that remains with the file, got me, but seems like it should. Need a record somewhere (altho for the last 8 – 10 years, it’s probably done electronically, whereas it was done by fax generally). If I wanted discovery, I’d prob include a request for that funding request.
And what if the debtors CREDITOR collected ins to?
I am Surety!
What effect .. if any, on a Surety….. if the holder of the LOC has filed BK against its Creditor? Or if the LOC holder (the debtors)’s,.. creditor charged off the LOC owed it by the debtors and filed the losses with the IRS?
At our bank I would close the loan myself as the bank did not feel we needed to paid a title company $200 to close, and we were all Officers of the bank. We would have the title prepared by the title companies and sent to us and we closed these loan without a single wire.
There was no middle man. When selling the loan we would have the loan taken to the closing dept and for it to be reviewed and the DOT sent to the county to be recorded. Now the loan would normally be overnight mailed to who we were selling the loan too, and once the title got recorded it would follow the loan to the buyer quality control division.
Now this system in selling the loan right away, does bring to question that the originators never actually intended on keeping the loan, so the question I do have is how in fact are they actual consider a leader. But I do see the legal aspect that no matter what the time is you are an owner, and there is nothing holding the counter party to purchase a loan if it not acceptable under the regulation of that program.
Auto dealer buy car to turn around and sell them immediately as store buy merchandise to turn around and sell it as quickly as possible, so you can restock your shelves. Remember bank only have so much money and holding all these loans ties up your money!
If the public records don’t reflect the truth and the false statements have caused a party harm, the likelihood of harm and/or restrains their ability to act of their own free will ….
What would a reasonable person do about it?
Hire an Attorney?
The Judge knows nothing unless the dispute is brought before him in State Court.
Right JG … its takes a Judge to determine the legality of a document.
How Silly .. the CR is not a Judge.
The closing package is divided into two parts .. each part sent by two separate entities to closing … and each entity sends their own closing instructions.
Who prepares the lender package with closing instructions?
Hints … Its not the title co (they prepare the title set)
………… Its not the plender named on the note
………… Its not MERS or Merscorp
But they are MERSCORP INC members.
MERScorp Funding INC … funds what to who?
tnharry – you’re right, of course. A county recorder has no authority to reject a doc for recording which meets recordation requirements, like the subject is real property, the doc is signed and notarized. Still, the attention to the issue is not a bad thing, even if he’s just blowing his horn (which he is).
gene may or may not be a bankster, tho I think not. I agree with a lot of what he says and fwiw holler when I don’t agree with his assertions.
If what he, or anyone, says is true, it does no good to shoot the messenger, despite what we might see as an undesirable form of delivery.
gene at 10:18:
“The files that the servicers contain only copies of the loan documents at time of closing in most cases, and those do not generally show the endorsements.”
Yes and no, if I may. A servicer does get the servicing file shortly after closing or is supposed to. If anyone other than the note payee is the party for whom the servicer is servicing, there should be at least one endorsement on the copy of the note in that file. If Neighborhood Home Loans originated, for instance, there should be an endorsement from NHL to a bigger guy (which is put on the note right after closing, and before any orig or copy is shipped anywhere, including to the servicer). In other words, the note doesn’t leave the originator’s office without the originator’s endorsement unless they were true idiots. But, yeah, the servicer wouldn’t necessarily have copies of notes with further endorsements (altho without them, got me how they know for whom they’re servicing). “MERS” voluntary entries by its members? XYZ made an allegation in that database?
Louise you got it, take for example in NE there was a builder who obtained dual construction loans on the same properties he was building, and was drawing on both line. When he was caught by another bank he was pulling the scam, he allegedly committed suicide and had this $53 million unaccounted for, and better dead than tell how all these forged signature where in the loan file held by the bank.
Now it could be the same as you explained with warehouse line, but also from the way this thing is turning out in most cases there were not actual trust (which I don’t see in Ginnie Mae pools). I believe there were they faked named trust to dual sale these securities as this thing went beyond our borders.
There is no law, it’s all codes and statutes. That’s why stuff is supposedly done legally and not lawfully.
in my opinion.
Trespass Unwanted.
Gene, I don’t think they stopped securitizing the instruments, and I’m certain the money was paid by the true creditor at or before closing, lets say before the keys were handed to the one signing all those documents to be robbed.
So who gets paid and then claims to be owed and takes the asset, unless it’s an illegal act?
If the asset should not have been sold, and no new loans issued against the property and it does not have a clear title nor clear title insurance, and they still claim a right to take the asset and claim to be the creditor to foreclose as if they own the property, then I’d guess that would be an illegal act.
My opinions carry no legal value, yet I AM a creditor.
Trespass Unwanted
CharlesReed, in my own case, the atty for the closing went to the fed pen for wire fraud “related to flipping houses with dual transactions.” As far as I can tell, he was using two warehouse sources, and stealing one funding to his trust account.
You are saying that it is sort of like the “float” wherein the law firm I worked for had a line of credit to borrow from to keep up the “float” each month so that all expenses and payroll could be paid even if the income was not high enough that month?
So the warehouse lenders were like a line of credit to draw from and so they would not be part of the mortgage transaction w/the borrower? Do I have this right?
Lousie if I am understanding you correctly, your asking how did I know the loan was not funded by another was because as a loan officer of the bank I hand carried the check to the title closing office myself for my personal closing of the new house I has built. Now we at the bank closed most are loan ourselves in-house, however this builder had a in-house titling company that they wanted to close the loan, and I did no object because (there ideal of in-house financing and title closing was born out my ideal in NE years earlier) as the location was a block from the home we were closing on!
You got correspondent who close loan in the name of the bank that originating the loans, and after closing these loan are sold to one of these large lender. These loan have to be reviewed through a buying unit before the other bank purchase that loan. But that loan is titled at the house under the originating bank until there is a sell and at that time if the purchaser wants to maintain a lien again the properties it must have had a assignment of the security instrument signed by that selling party that day, as after the day of the closing the selling bank no longer retains the authorization to transfer title/lien.
Now you got a mortgage broker who only a contract worker for who ever they are selling the loan too, so this situation is just like the bank itself originating the loans.
Next you got a mortgage company in a ABC mortgage that gone to XZY warehouse line lender to get $100 million to support your business, and they are in the business of producing loan but they are not a bank and don’t act as a bank so you don’t keep money in a safe and don’t have function to wire monies. The warehouse provider is not purchasing loan and those loan are not collateral for the warehouse loans.
Plus all those warehouse providers are now out of business and these loan are not being brought into court in bankruptcy cases trying to get that $100 million back.
The problem is these attorneys are saying that the monies are being provided by another sourse because the wire is coming in saying its from some National or Regional bank but that because the bank is the bank the Mortgage company is keeping its funds in or the warehouse supplier is only given out the monies in draws of the amount the mortgage company has requested as the amount need to close. I am sure they are not giving Left Eye Louie $100 million and saying you only need to uses this money for creating loan. How soon would Louie would run off with the monies!
Time for a Catnap.
Many Blessings to All!
Impress You?
What makes you think anyone is here to impress you?
If I recall correctly … they fc’ed on you, right?
Pfffft!
Verbal diarrhea doesn’t impress me
I know .. Right Poppy.
What happened to just two parties in a mortgage?
Mortgagee and Mortgagor
Fair enough, never hurts to be reminded…at times things get lost. Confusion, too many playa’s…
I know you know Poppy, but I just wanted in reinforce it without getting scratched. That’s why I directed the conversation toward you. 🙂
RE: Error
…..things that ( restrain) and alienate you. Its like putting the cart before the horse.
Have the docs in hand….and it tells a very interesting story. BTW: inconsistent with ALL of the paperwork they present, Hmm
Here we go again….
Scratch that one.
Poppy, go back to the original purchase. Check before and after the closing. “What’s Missing” I Love that Game!
You can not SKIP Title. You need things filed, … things that retrain and alienate you. Its like putting the cart before the horse.
Defendant shall file conveys and reconveys. If you asked nicely and they ignored you. Go to the Judge and get a court injunction ordering performance plus damages.
CharlesReed, You cannot tell me that the loan was funded by another entity than the bank originating the loan when I personally hand carried the bank’s check!
Can you explain that statement a bit more. How does it related to a warehouse lender in the transaction?
Tnharry at 11:30 am said:
“it’s all feel good rhetoric.”
That’s how group therapy works: by making people feel good, it gets them to come back over and over for more, even in the absence of any significant or meaningful breakthrough.
Pretty soon, group therapy becomes a major crutch without which they can no longer function. Institutionalized dependency… Doesn’t matter whether people actually learn something they can use to grow up and move on. It’s all about getting them back here, a little dumber, a little more fearful, a little more despondent… definitely not brighter by any means!
As for the ‘trustee’ (CA specific)
The trustee is clueless, literally, as to the loan, the terms, the beneficiary, the borrower. Because deed of trust loans don’t need to be recorded, he takes a ‘foreclosure referral’ off the computer screen and has no way to confirm any of the details presented by a complete stranger who can’t be verified by the county records as a beneficiary.
The trustee can get substituted in by a complete stranger, and when they accept by having the substitution recorded, they may check the deed of trust and not find the stranger’s name on it, or even any record of assignment to the stranger. And then another stranger can come along later and present a foreclosure referral which he is supposed to honor. So when the notice is filed, his name is on the recorded document, and then a different trustee is substituted in by yet another stranger claiming beneficiary interest to conduct the auction. I shhhhhht you not.
The courts have exacerbated this with their Calvo v HSBC ruling based on a 1908 decision that this scheme is in the best ‘public interest’. What The Frack! If the trustee doesn’t know if the selling beneficiary is legitimate, and the title companies don’t know about unrecorded assignments, how is a member of the public supposed to determine the status of the title they are considering bidding on?
And while I’m on a rant, let’s consider the CA AG, Kamala Harris, clawing back $300M from JPM to replenish the state’s retirement funds from losses stemming from their investment in MBSs. That ‘penalty’ paid by JPM represents third party payments made to the pool(s) that replace the lost cash flow of non-performing loans. The settlement signed by Harris does not contain a schedule of the loans affected. So you can bet the borrowers remain unaware of uncredited payments to their loans.
Rant off. The bullshhhhht will now resume.
Me: I have filed a complaint, sent letters of contesting the debt, as Brock & Scott, the attorneys, are debt collectors…challenged the documents AND assignments from CWHLS in 2009, while AWL is named lender…far too many inconsistencies, but it’s a start!
Then have a stay issued by the Federal Judge, until New Century proceedings are settled, pending claim and AP in Federal Bankruptcy Court, DE…Ocwen is threatening to foreclose with a stay in place, by going through the District Court, a no-no!
If they even breath in my airspace, I file something or respond.
I have another lawsuit. Grow up KC! We used to have stripes here. I do not know if you were here to see that. Ng would post and there would be 100 comments, and 64 of them would be from Stripes, and they would be off topic and even pornographic. . OMG!
I represent myself and have many years’ experience. I do not post everything I am doing. That would be stupid.
An expert witness on forensic document analysis would be good and so would a forensic title search prepared and presented to the Court.
Gene are you getting the feeling your not loved? Just look at the latest news in the Federal Gov going after Suntrust for violations of TARP with the failure to process correctly the HAMP modification. Also the are after them for FHA violations.
I remember back in late 2003 or early 2004 calling Suntrust about them raising the FICO score requirement without it changing at the Federal level.
I was naive in 2005 up to today because I though that this black kid from the wrong side of the track could simply call the powers that be and bring up something I looked at as so simple having the FICO requirement not changed, handled by a phone call.
I remember back in 1998 when I found out what the LIBOR rate was after researching it, because I was suppose to explain a contract, and the rate was attached to the LIBOR for the adjustments, but I did not know what these term meant or how the index was going to effect the payment increasing. Even that no borrowers ever ended up asking about the how this LIBOR cause their rate to go up because, a solution to preventing the increase from happening was to refinance into a better loan.
When I first started in 1998-2000 it was true that most people were refinanced in a short period of time into other loans, and once I moved to a bank in 2001 and at the end of the year as rates dipped, a full refinance rush happen and then again in 2003 and 2005. Most people if treated fairly would have been in fixed better rates, but people were steered into these subprime loan and the Jan 2008 State Level Subprime Loan Characteristics for subprime loan originated in 2005-2007. The average FICO score was around 610 for purchases and 605 for refinances which any loan applying for a FHA loan with that FICO should have been approved for a FHA loan!
Mt deal is I was always afraid that somehow I would be caught in the bank no knowing something so I asked question about everything and handled my files so that I would be on top of why something was not approved.
Back to the LIBOR, when I was suspecting that it would be easy to rig it because it was basically two guy sitting in London setting it and my question was when does money influence them! Now I did not have the inside information to blow the whistle on the LIBOR, but we know known there are insiders who have said the LIBOR been rigged since 2001.
I knew back in 2005 that people were being steered to other loans, away from government insured loan when writing Warren Buffett, but how stupid was I to think that Wells Fargo Bank’s largest shareholder would stop this gravy train. In 2008 we had a Buffett that had the ear of the President just a Jamie Dimon as Wells and Chase were the alleged good bank, and how has light exposed them now?
I, after talking to MERS co-founder Bill Hultman in Aug 2010 knew for a fact what this dude was telling me was a lie, and by Nov 2010 I realized that the Ginnie Mae pools has a problems after gathering the information in my own situation which was with WaMu and handled by Wells Fargo. It the perfect storm in having who was there from being to end with inside knowledge.
You cannot tell me that the loan was funded by another entity than the bank originating the loan when I personally hand carried the bank’s check!
Agreed Poppy and KC
You get the saying ” there would be no bad men if there were no bad women”. Bad ways are bad ways and it’s top down as KC said it perfectly.
RE: … Poppy, I wholeheartedly agree with you. I have PERSONALLY seen in court where the atty put forth fraudulent documents and fraud on the court in the form of lies which were presented and accepted by a judge.
Old News .. the Question is ..WHAT ARE YOU DOING ABOUT IT?
As for County Recorders – yes, they have basic rules to follow, and most concern the format of the material being recorded, not the content. That’s why hearsay objections against recorded documents can win a case.
But I call BS in that they can’t do anything about it. There are only a few document types that are used in the fraud, and they are indexed by the parties named in the documents and the recording date. So a simple query against the database with the index name corresponding to CWHL as grantee where the recording date > date CWHL went belly-up would cut the pile way down to the pertinent documents, where some (small) percentage might be valid. There are plenty of unemployed American programmers in every county of this country that could accomplish that much.
Table Funding is Legal, … if its done Legally.
Poppy, I wholeheartedly agree with you. I have PERSONALLY seen in court where the atty put forth fraudulent documents and fraud on the court in the form of lies which were presented and accepted by a judge. Bad news! I now know that ALL the dox are fraudulent in my cases. See Candace Jones, Retired Bank Fraud Analysis Expert. Fabulous video. http://deadlyclear.wordpress.com/2014/02/24/38-year-banking-veteran-has-some-choice-words-about-ca-ag-and-national-mortgage-settlement/
BOA liable as successor.
yeah .. all they needed was the signed mod app/waiver of liabilities and defences to kick you down the street to the next Bully.
KC, PLEASE TOO MANY INANE POSTS. Tell us something usable. You’re a smart girl.
Poppy.. Go after the Bank and its Agents ….
Shhht rolls down hill.
IMHO, it may behoove many of us to look at filing actions against the attorneys’. Without them, this “could not” occur.
I am the State
I am the Estate
I am Surety
Tnharry, I agree with you about the recording of dox at the Reg. of Deeds office. The recorder is not the arbiter of what documents are placed before him for filing. However, it is the responsibility of the atty or other individual filing the document not to file something that is improper, illegal, forged, or fraudulent in some way.
Estate vs Borrower
Estate Trustee vs Borrower
~~~~~~~~~~~~~~~
Estate fires Trustee … Bad Trustee!!
Estate hires its own Attorney …
Private contract between parties.
(Estate as Creditor vs Borrower as Debtor)
No State Interference .. unless you invite it.
~~~~~~~~~~~~~~~~
Estate as debtor to its Creditor …
Estates Creditor Bites the Dust!
Good Morning Sunshine!
My little tidbit…all information is good information, IMHO. One “must” decipher what the value is and if it relates to their particular problem….
I have used far more cases that have lost, I know, crazy, but found the reason for many of the losses is not a lack of valuable information, rather, nuances in pleadings, lack of stating a claim for relief or using legal arguments that do not apply to the homeowner i.e. kickbacks, contracts with parties that do not apply to borrowers and repurchase agreements…just saying. Every case has value, IMHO
Tnharry claims to be an attorney. He is not willing to give his State Bar# and his true name which I think is illegal.
NEVER AGAIN
Good to have you here Gene
It’s good practice to have debate. To encourage others to do their own research and be discerning about everything you read. There’s a little thing we all humans have called intuition, intangible but very real.
gene,
Politicians SHOULD have term limits, period! When any “employee” (public servant) is not performing as agreed to; contractually…fired!
If we are using the PSA, we are then alluding to “the trust”…REITs and private trusts are not bound by those contracts. Now, if a trust opens at the beginning of a month and closed by the end and the loan is defaulted within 60 days…how was that a viable note for this trust? And further, the loan closed, supposedly, 7 months prior to allegedly going into the same trust mentioned herein…with a zero balance entering he servicers account And IT IS DATED 1985, REALLY?
Why would anyone put a non-performing note in a trust? And whom would buy it, unless there was the lie about the solvency-integrity of that note?
This situation has many tentacles, it is not just about “the trusts” but of actual funding, characters of the loan-sustainability, how long it took to get into a trust and what type, whether or not there is a suspense account imposed, where the payments went, who has been assigned to collect and their authority to do so-how, and whether or not the “contractual” issues are with standing. IMHO
Foreclosures are “not” all the same, in spite of the fact ALL of the paperwork appears to be. Again, IMHO, these guys weakness is the trustee being used to facilitate a NON- Judicial foreclosure, with minimal paperwork, poor; if no diligence, lack of proper transfers and the inability of one to concisely, precisely present the necessary documents and contest what has been presented to the magistrate. In essence, IMHO, you are testifying against yourself, right from the beginning.
BTW: I have won a rather large settlement with BOA, with this as a defense…one MUST know their case from beginning to end and have prepared for anything that is submitted… we are back at it, with CW-AWL and Ocwen now in 3 courts, 2 jurisdictions…they do not learn! But they do have Billions to throw at the problem. With little or no monies invested, it is a zero sum game for them, IMO And again, this is not just about title…there is a more, but the time it would take, take up the entire blog…
No lawyer here, not trying to incite…actual paperwork in hand!
except endorsed notes aren’t within the purview of the county recorder…and his job is to record documents that facially meet the requirements for recording. it’s am improper reach to go beyond that and make himself a trier of facts. that’s the role of the court. and the most obvious issue – if he does try to conduct a review of each and every document presented for recording, within 1 month they will have ballooned to a 12 month backlog of documents to record. it’s all feel good rhetoric.
Unless Gene has the experience like Neil, He better prove himself. Otherwise he is a banker, lawyer for the bank or one of those famous ROBO SIGNERS!!! Don’t come in here and upset the fighters that know what’s going on.
Gene you sound like an attorney for the banks in wanting to discredit but you have no direct knowledge of yourself. We already know that Countrywide was not transferring the Notes and a blank Note endorsement has the issue that that Note becomes a non-negotiable instrument if its not purchase.
As what was demonstrated by the “fraud investigator” in the piece referred yesterday it show a recent filing at the court in CA by IndyMac who been shut down and does not exist any longer, so we know that this recording cannot be because IndyMac no alive as it is “defunct”!
So why the recording at this time? Its to confuse the country recording and the loan is then administratively foreclosed as the homeowner and certainly not the recorder has a clue and allows a foreclosure sale!
I believe that the foreclosure are up because the bank are in need to get these thing out there and get this stuff covered by any settlement that provides cover for these crimes, and if they don’t the homeowners don’t actual have and recourse because all the attorney are like Gene and telling the folks you got no chance in hell.
If we were not on the right track we would not have some clown come here new to the blog telling us we were all wrong and to simply stop and go commit suicide because you have a great chance at success!
I know 100% I am right in what I know from my research and don’t need a ride along doubting everything. Gene think everything the bank have done is legal!
Hey, Gene how long have you worked for the banksters? I have been at this for over 7 years. I can tell you I know how to determine if a document filed in the REg. of Deeds office is fraudulent and forged. If you bought your home anytime between 1995 and today, it has fraudulent documents involved. You need to get with the program.
The guy is an idiot. Here is why:
1. He makes an assumption that “most if not all” of the new CA foreclosure filings are illegal. Has he reviewed each file? No. What is the basis for his statements then?
2. The so called SF exam was done by a “forensic loan audit” company that reported “violations” that are not violations under CA law.
3. Continuing to “Steal Homes” after signing the NMS. Obviously he has not read the NMS or reviewed foreclosure files.
4. The Fortune study did not review the original loan documents. That is where you will find whether the notes were properly endorsed or not. The files that the servicers contain only copies of the loan documents at time of closing in most cases, and those do not generally show the endorsements.
Another opportunist trying to sell himself without a clue of what is really going on.
And NG is impressed by this?
And it came to this,
Starts with one baby step a journey of a thousand miles. I’m happy to read this.